Alliance of Indian Constitution and Indian Evidence Act with Cyber Laws

  • Ananta Aggarwal
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  • Ananta Aggarwal

    Student at Amity Law School, Noida, India

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Abstract

Cybercrime is developing and untangling at an alarming rate. As the users or servers of social media platform and digital workstation workers are increased the crime in the virtual world, that is cybercrime world. Cybercrime circumscribe all the fields as economic, digital stage, political and bank or corporate field. This paper is an in – depth study of various modes of Cybercrimes in the world and the cross-country models of Cybercrime and Cyber security. This paper also gives a study about Information Technology Act, 2000 which is framed to adjudicate and justify the legislations about cybercrime and its punishments. Information technology Act, does not include or state the explanation of term define ‘cybercrime’. Cybercrime means an illegal activity carried out or be blame to the use of computer or necessaries of a digital device or workstation indulged with them as data, documentation, software, and sites together as task – oriented or operational tool which further call forth for cyber-crime, hacking or dissent services and prohibition for use of services. The goal for this study and analysis have four – fold: firstly, to explore, study and review the meaning of cybercrime, cyber – attack and cyber – security and to monitor the history and origin of cybercrimes; secondly, to examine and inspect various modes of cybercrimes and cyber – attacks; thirdly, to inspect and fractionate the provisions of Information Technology act,2000 with articles of Indian Constitution, 1950; and fourthly, to look over, research and examine the provisions of Indian Evidence Act, 1872 with cyber laws of India. The historical genesis of cyber laws laid down its root in 1820. The first cybercrime is transcribed took place in the year 1820, by France textile manufacturer Joseph Marie, the device authorizes the reproduction of a service of procedure in wearing of special fabrics, this resultant in a fear of Jacquard’s company’s employees that their cultural application and livelihood was at stake, they perpetrate or enactment for course of action of couple to discard Jacquard from furtherance serving of technology. This was recorded as first cybercrime! The proposition or approach of this paper relating to cyber laws and the field of cyber laws is that this research paper contains various modes of cyber-crime and cyber-attack across the world and in the second half or part of the paper there is study and genesis of two most important laws of the country that is Indian Constitution, 1950 and Indian Evidence Act. As it states and has laid a groundwork and structure that how both laws are co-related to cyber laws.

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Research Paper

Information

International Journal of Legal Science and Innovation, Volume 3, Issue 3, Page 358 - 375

DOI: https://doij.org/10.10000/IJLSI.11721

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This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

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Copyright © IJLSI 2021